PLACEMENT: Consent
TITLE:
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REQUEST BY JUDY ERVIN TO RELEASE UNITIES OF TITLE
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EXECUTIVE SUMMARY:
executive summary
Judy Ervin, the owner of property located at 420 Krueger Way, Stuart, within the City of Stuart, requests the release of four unities of title that were mistakenly recorded using Martin County Unity of Title forms.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Krista A. Storey
Title: Senior Assistant County Attorney
REQUESTED BY: Christin Spake, Esquire on behalf of Judy Ervin
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Judy Ervin and her husband, Bruce, now deceased, have owned the property located at 420 Krueger Way since 1973. The property is further described as Lots 2, 8 and 9, Block 2, Krueger Estates Subdivision. Although the property is located within the city of Stuart, in 2007, the Ervins recorded four separate unities of title utilizing the Martin County Unity of Title form. (Copies attached.) Pursuant to the attached April 8, 2021 email from attorney Christin Spake, the Ervins mistakenly believed the unities of title would result in all three lots being considered as part of their homestead.
Ms. Ervin is attempting to sell her property and the unities of title have created a cloud on the title. Although the property is not within unincorporated Martin County, the recordation of a Martin County Unity of Title encumbers the property until such time as the unity of title is released in writing by the Board of County Commissioners. Accordingly, the attached resolution releasing the unities of title has been drafted for the Board’s consideration.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Resolution releasing the four referenced unities of title.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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